U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Statistics
December 2011, NCJ 233464
Federal Justice Statistics, 2009- Statistical Tables
Mark Motivans, Ph.D., BJS Statistician
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This file is text without graphics and many of the
tables. A Zip archive of the tables in this report in
spreadsheet format (.cvs) and the full report including
tables and graphs in .pdf format are available at:
http://www.bjs.gov/index.cfm?ty=pbdetail&iid=2374
This reports is one in series. More recent editions
may be available. To view a list of all reports in the
series go to http://www.bjs.gov/index.cfm?ty=pbse&sid=62
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These statistical tables describe criminal case processing in
the federal justice system, including arrest and booking
through sentencing and corrections. These tables present
the number of suspects arrested and booked by the U.S.
Marshals Service (USMS), suspects in matters investigated and
prosecuted by U.S. attorneys, defendants adjudicated and
sentenced in U.S. district court, and characteristics of
federal prisoners and offenders under federal supervision.
Data are from the Bureau of Justice Statistics' (BJS) Federal
Justice Statistics Program (FJSP), which collects
comprehensive information describing suspects and defendants
processed in the federal criminal justice system, and annual
data on workload, activities, and outcomes associated with
federal criminal cases. Th e data presented in these tables
were collected from the USMS, Drug Enforcement Administration
(DEA), Executive Office for U.S. Attorneys (EOUSA),
Administrative Office of the U.S. Courts (AOUSC), U.S.
Sentencing Commission (USSC), and the Federal Bureau of
Prisons (BOP).
Organization of the statistical tables
Each section describes a major stage in the processing of
criminal suspects and defendants:
Section 1 describes federal law enforcement and prosecution.
This includes arrests made by federal law enforcement
agencies for violations of federal law, and describing the
characteristics of arrestees. The data also describe suspects
investigated by U.S. attorneys and decisions made by federal
prosecutors in screening criminal matters and the type of
offense for which suspects were prosecuted or declined for
prosecution.
Section 2 describes federal pretrial, adjudication,
sentencing, and appeals. This includes pretrial release
and detention practices of the federal judiciary system,
including the characteristics of defendants detained or
released pending trial. It also describes actions taken by
the federal judiciary in adjudicating defendants in cases
filed by the U.S. attorneys and the sentences imposed
by the federal judiciary on convicted defendants. This
section includes a description of sentences imposed in
the federal courts, including the original offense charged
and information on criminal convictions and appeals.
Section 3 describes offenders under federal correctional
supervision--probation, parole, and supervised release--
including the outcome of the supervision (successful
completion or violations). It also describes offenders
imprisoned in federal prisons, including the offense at
commitment and demographic characteristics of the offender.
Section 1: Federal Law Enforcement and Prosecution
Federal Arrests
Table 1.1. Suspects arrested for federal offenses and booked
by the U.S. Marshals Service, by offense, October 1,
2008-September 30, 2009
Table 1.2. Suspects arrested for federal offenses and booked
by the U.S. Marshals Service, by arresting agency, October 1,
2008-September 30, 2009
Table 1.3. Characteristics of federal arrestees booked by the
U.S. Marshals Service, October 1, 2008-September 30, 2009
Table 1.4. Characteristics of suspects arrested by Drug
Enforcement Administration agents, by type of drug, October
1, 2008-September 30, 2009
Table 1.5. Warrants cleared and median time from initiation
to clearance, by warrant type, October 1, 2008-September 30,
2009
Table 1.6. Median time from warrant initiation to clearance,
by warrant characteristics, October 1, 2008- September 30,
2009
Federal Investigations and Prosecutions
Table 2.1. Suspects in matters received by U.S. attorneys, by
offense, October 1, 2008-September 30, 2009
Map 2.1. Suspects referred to U.S. attorneys, by federal
judicial district, October 1, 2008-September 30, 2009
Table 2.2. Disposition of suspects in matters concluded, by
offense, October 1, 2008-September 30, 2009
Table 2.3. Reasons U.S. attorneys declined to prosecute,
October 1, 2008-September 30, 2009
Section 2: Federal Pretrial, Adjudication, Sentencing, and
Appeals
Federal Pretrial
Table 3.1. Defendants released at any time prior to case
disposition, by offense charged, October 1, 2008-September
30, 2009
Table 3.2. Defendants released at any time prior to case
disposition, by defendant characteristics, October 1,
2008-September 30, 2009
Table 3.3. Behavior of federal defendants released to the
community pending trial, by offense, October 1, 2008-
September 30, 2009
Federal Case Filings and Adjudication
Table 4.1. Defendants in criminal cases commenced, by
offense, October 1, 2008-September 30, 2009
Table 4.2. Federal criminal case dispositions, by offense,
October 1, 2008-September 30, 2009
Table 4.3. Criminal cases disposed by U.S. magistrates, by
offense, October 1, 2008-September 30, 2009
Table 4.4. Characteristics of convict
ed federal offenders, October 1, 2008-September 30, 2009
Federal Sentencing
Table 5.1. Sentences received by offenders in criminal cases
terminated, by offense, October 1, 2008- September 30, 2009
Table 5.2. Type and length of federal sentences imposed, by
offense, October 1, 2008-September 30, 2009
Table 5.3. Federal offenders sentenced to incarceration, by
offender characteristics, October 1, 2008- September 30, 2009
Table 5.4. Average incarceration sentence length, by offense
and offender characteristics, October 1, 2008-September
30, 2009
Federal Appeals
Table 6.1. Criminal appeals terminated, by type of criminal
case and offense, October 1, 2008-September 30, 2009
Table 6.2. Disposition of criminal appeals terminated, by
offense, October 1, 2008-September 30, 2009
Table 6.3. Criminal appeals cases terminated on the merits,
by offense, October 1, 2008-September 30, 2009
Section 3: Federal Corrections and Supervision
Federal Supervision, Probation, and Parole
Table 7.1. Federal offenders under supervision, by offense,
October 1, 2008-September 30, 2009
Table 7.2. Characteristics of federal offenders under
supervision on September 30, 2009
Table 7.3. Outcomes of probation supervision, by offense,
October 1, 2008-September 30, 2009
Table 7.4. Characteristics of offenders terminating probation
supervision, by outcome, October 1, 2008- September 30, 2009
Table 7.5. Outcomes of supervised release, by offense,
October 1, 2008-September 30, 2009
Table 7.6. Outcome of offenders terminating supervised
release, by offender characteristics, October 1,
2008-September 30, 2009
Table 7.7. Outcomes of parole, by offense, October 1,
2008-September 30, 2009
Table 7.8. Characteristics of offenders terminating parole,
October 1, 2008-September 30, 2009
Federal Imprisonment
Table 7.9. Admissions and releases of federal prisoners, by
offense, October 1, 2008-September 30, 2009
Table 7.10. Characteristics of the federal prison population,
September 30, 2009
Table 7.11. Average time to first release and percent of
sentence served for federal prisoners released by standard
methods, October 1, 2008-September 30, 2009
Table 7.12. Characteristics of first releases from prison, by
offense, all releases, October 1, 2008-September 30, 2009
The Methodology and a glossary follow these tables. The
tables are part of the Federal Justice Statistics series. For
a list of all publications in this series, see the
publications page. Additional information is available in the
Federal Justice Statistics, 2009 bulletin.
Source: Federal Justice Statistics Program.
Methodology
Data sources - Reporting period - Table construction and
interpretation - Unit of analysis - Offense classification -
Related reading
Data sources
The Bureau of Justice Statistics' (BJS) Federal Justice
Statistics Program (FJSP) database is the data source for
Federal Justice Statistics 2009 Statistical Tables. The
FJSP is presently constructed from source files provided by
the U.S. Marshals Service, Drug Enforcement Administration,
Executive Office for U.S. Attorneys, Administrative Office
of the U.S. Courts (AOUSC), United States Sentencing
Commission, and Federal Bureau of Prisons (BOP). In
addition to providing data describing defendants in cases
processed by the federal judiciary, the AOUSC provides
data describing defendants processed by the federal pretrial
services agencies and the federal probation and supervision
service. Federal law prohibits the use of these files for any
purposes other than research or statistics. A description of
the source agency data files is provided in the table at the
end of this section. The data can be downloaded from the
Federal Justice Statistics Resource Center at http://fjsrc.
urban.org.
Reporting period
Wherever possible, matters or cases have been selected
according to the event which occurred during fiscal year
2009 (October 1, 2008, through September 30, 2009). Files,
which are organized by their source agencies according to
fiscal year, nonetheless include some pertinent records in
later years' files. Tabulations of suspects in matters
concluded during fiscal year 2009 have been assembled from
source files containing records of 2009 matters concluded,
which were entered into the data system during fiscal years
2008 or 2009.
The availability of particular items of information is
affected by the data source. Data on prosecutors' decisions
prior to court filing are provided for cases investigated by
U.S. attorneys, but not for those handled by other litigating
divisions of the U.S. Department of Justice (DOJ). In
comparison, cases handled by the DOJ criminal division
enter the database once they are filed in U.S. district
court.
Table construction and interpretation
The tables report events that occurred during fiscal year
2009. Generally the tables include both individual and
organizational defendants. Organizational defendants are
not included in tables describing defendants sentenced
to incarceration, and offenders under post-conviction
supervision. Juvenile offenders who are charged as adults are
included in the reported statistics.
Unit of analysis
In federal law enforcement and prosecution (section 1)
and federal pretrial, adjudication, sentencing, and appeals
(section 2), the unit of analysis is a combination of a
person (or corporation) and a matter or case. If the same
person is involved in three different criminal cases during
the period specified in the table, then the person is counted
three times in the tabulation. A single criminal case
involving a corporate defendant and four individual
defendants is counted five times in the tabulation. In
section 3 on federal corrections and supervision, the unit of
analysis is a person entering custody or supervision, a
person leaving custody or supervision, or a person in custody
or supervision at yearend. A person who terminated probation
twice in the indicated period is counted as two terminations
of probation. For instance, probation might be terminated
because of a violation, reinstated, and then terminated again
for another violation.
Interpretation
The tables are constructed to permit the user to make valid
comparisons of numbers within each table, and to compare
percentage rates across tables. The total numbers of subjects
in the tables that are based on records linked between two
files are generally less than the total number of records in
either source file. Comparisons of absolute numbers across
two or more of these tables and other data sources are not
necessarily valid.
Offense classifications
Procedure
The offense classification procedure used in this publication
is based on the system followed by the AOUSC. Specific
offenses are combined to form the BJS categories shown in
the Federal Justice Statistics, 2009 - Statistical Tables.
Offense categories for federal arrestees are based on the
FBI's National Crime Information Center (NCIC) offense
classifications, which are converted into U.S. Marshals'
four-digit offense codes, and are aggregated into the offense
categories shown in the tables. These categories are similar,
but may not be directly comparable to the BJS offense
categories used in other tables for 2009. For data from the
Executive Office for U.S. Attorneys, which include United
States Code citations but do not include the AOUSC offense
classifications, United States Code titles and sections are
translated into the AOUSC classification system and then
aggregated into the offense categories used in the tables.
Felony/misdemeanor distinctions
Felony and misdemeanor distinctions are provided where
possible. Felony offenses are those with a maximum penalty
of more than 1 year in prison. Misdemeanor offenses are
those with a maximum penalty of up to 1 year. Felonies and
misdemeanors are further classified using the maximum
term of imprisonment authorized. Section 3559, U.S.
Code, Title 18, classifies offenses according to the
following schedule:
Felonies
* Class A felony life imprisonment, or if the maximum
penalty is death.
* Class B felony 25 years or more.
* Class C felony less than 25 years but more than 10
years.
* Class D felony less than10 years but more than 5 years.
* Class E felony less than 5 years but more than 1 year.
Misdemeanors
* Class A misdemeanor 1 year or less but more than 1
month.
* Class B misdemeanor 6 months or less but more than
30 days.
* Class C misdemeanor 30 days or less but more than 5
days.
* Infraction 5 days or less, or if no imprisonment is
authorized.
Felony and misdemeanor distinctions are provided where
the data permit these distinctions. Arrest and prosecution
tables do not use this distinction because many suspects
cannot be so classified at the arrest and investigation
stages in the criminal justice process. This distinction is
not made for pretrial release or detention because the
Pretrial Services Agency no longer gathers this information.
Adjudication and sentencing tables distinguish between felony
and misdemeanor offenses, as do supervision tables.
Most serious offense selection
Where more than one offense is charged or adjudicated, the
most serious offense (the one that may or did result in the
most severe sentence) is used to classify offenses. The
offense description may change during the criminal justice
process. Tables indicate whether investigated, charged, or
adjudicated offenses are used. In the prosecution tables, the
most serious offense is based on the criminal lead charge as
determined by the assistant U.S. attorney responsible for the
criminal proceeding. In pretrial tables, the major charged
offense is based on the AOUSC's offense severity
classification system, as determined by the pretrial officer
responsible for the case. To select this offense, the officer
ranks offenses according to severity based on maximum
imprisonment, type of crime, and maximum fines. In
adjudication tables, the most serious offense charged is the
one that has the most severe potential sentence. For
sentencing tables, conviction offenses are based on statutory
maximum penalties. In appeals tables, the offenses are
classified by the offense of conviction. In the supervision
tables, the most serious offense of conviction is either the
one having the longest sentence imposed or, if equal
sentences were imposed or there was no imprisonment, the
offense carrying the highest severity code as determined by
the AOUSC's offense severity code ranking.
Offense categories
For offense categories in all text tables, the following
conditions apply:
* Murder includes nonnegligent manslaughter.
* Sexual abuse includes only violent sex offenses.
* Fraud excludes tax fraud.
* Larceny excludes transportation of stolen property.
* Other property felonies excludes fraudulent property
offenses and includes destruction of property and trespass.
* Tax law violations includes tax fraud.
* Obscene material denotes the mail or transport thereof.
* Wildlife includes offenses previously included in the
"Migratory birds" category.
* Environmental includes some offenses previously
included in the "Agriculture" and "Other Regulatory"
categories.
* All other offenses includes felonies with unknown or
unclassifiable offense type.
* Misdemeanors includes misdemeanors, petty offenses,
and unknown offense levels.
* Drug possession also includes other drug misdemeanors.
Additional Information about the Data
Each agency reports on cases processed during a given year
in an annual statistical report. These reports are often not
comparable across agencies due to the varying methods
used by the agencies to report case processing activities.
As reported by an interagency working group headed by
BJS, the differences in the case processing statistics are
attributable, in part, to the different needs and missions
of the agencies. The working group found the following
differences in the statistics reported:
* The universe of cases reported during a given period
differed, as some agencies report on those case processing
events that occurred during a particular period, whereas
others report on those events recorded during a particular
period.
* Many of the commonly used case processing statistics
suspect or defendant processed, offense committed,
case disposition, and sentence imposed are defined
differently across agencies.
BJS, through its FJSP, has recognized the incomparability
of these annual statistical reports and has attempted to
reconcile many of the differences identified by the working
group. By combining databases from several years, BJS is
able to report on those cases that actually occurred during
the reporting period. Commonly used case processing
statistics are made comparable across stages by applying
uniform definitions to data obtained from each agency.
Because definitions in the FJSP are consistent with those
categories in BJS programs describing state defendants
convicted, sentenced, or imprisoned, the comparison of
federal and state case processing statistics is facilitated.
Federal Justice Statistics 2009 - Statistical Tables replaces
the Compendium of Federal Justice Statistics, published for
the years 1984, 1985, 1986, 1988, 1989, 1990, 1992, 1993,
1994, 1995, 1996, 1997, 1998, 1999, 2000, 2001, 2002,
2003, and 2004 and describes defendants processed at each
stage of the federal justice system. It includes arrests by
federal law enforcement agencies, and investigations and
prosecutions by U.S. attorneys (section 1), federal pretrial
release or detention, adjudication in the U.S. district
courts, sentencing, and the appeal of the conviction and/or
sentence imposed (section 2), and federal supervision,
including probation, parole, and imprisonment (section 3).
These statistical tables cover the 12-month fiscal period
ending September 30, 2009 (or fiscal year 2009). Generally,
the tables include both individual and organizational
defendants. Organizational defendants are not included
in tables showing defendants sentenced to incarceration,
or tables describing offenders under post-conviction
community supervision. Juvenile offenders charged as
adults are included in the reported statistics. Felony and
misdemeanor distinctions are provided where possible (see
"Offense classifications" in Methodology).
The statistical tables were constructed to permit valid
comparisons within each table and to allow the reader to
compare percentages (but not raw totals) across tables. It
should be understood, however, that the total number of
subjects/defendants shown in a particular table may not
equal the number of subjects/defendants involved in a
particular stage of processing, since some records could not
be linked and some data sources did not include information
on particular data elements classified in a particular table.
Data notes indicate the exact universe for individual tables.
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Data source agency--data files
United States Marshals Service (USMS)--Prisoner Tracking
System (PTS)--Warrant Information Network
Description of data files contents
Contains data on suspects arrested for violations of
federal law by federal enforcement agencies and data
about warrants initiated or cleared. The data include
characteristics of federal arrestees.
Federal Justice Statistics 2009 Statistical Tables
Arrest:
Tables 1.1, 1.2, 1.3
Warrant:
Tables 1.5 and 1.6
Drug Enforcement Administration (DEA)--Defendant Statistical
System (DSS
Description of data files contents
Contains data on suspects arrested by DEA agents,
both within and outside the continental United States.
The data include information on characteristics of
arrestees, type of drug for which they were arrested,
and the type and number of weapons possessed at
time of arrest.
Federal Justice Statistics 2009 Statistical Tables
Arrest:
Map 1.1
Table 1.4
Executive Office for U.S. Attorneys (EOUSA)-- National Legal
Information Office Network System (LIONS)
Description of data files contents
Contains information on the investigation and prosecution of
suspects in criminal matters received and concluded, criminal
cases filed and terminated, and criminal appeals filed and
handled by U.S. attorneys. The central system files contain
defendant level records about the processing of matters and
cases; the central charge files contain the records of the
charges filed and disposed in criminal cases. Data are
available on matters and cases filed, pending, and
terminated.
Federal Justice Statistics 2009 Statistical Tables
Prosecution:
Tables 2.1, 2.2, 2.3
Map 2.1
Administrative Office of the U.S. Courts (AOUSC): Pretrial
Services Agency (PSA) Pretrial Services Act Information
System
Description of data files contents
Contains data on defendants interviewed, investigated, or
supervised by pretrial services. The information covers
defendants' pretrial hearings, detentions, and releases from
the time they are interviewed through the disposition of
their cases in district court. The data describe pretrial
defendants processed by federal pretrial service agencies
within each district. Defendants who received pretrial
services through a local, non-federal agency, such as the
District of Columbia, are not included.
Federal Justice Statistics 2009 Statistical Tables
Pretrial release:
Tables 3.1, 3.2, 3.3
Adjudication:
Table 4.4 (defendant characteristics)
Sentencing:
Tables 5.3, 5.4 (defendant characteristics)
Administrative Office of the U.S. Courts (AOUSC)--Criminal
Termination Files
Description of data files contents
Contains information about the criminal proceedings against
defendants whose cases were filed in U.S. district courts.
Includes information on felony defendants, Class A
misdemeanants--whether handled by U.S. district court judges
or U.S. magistrates--and other misdemeanants, provided
they were handled by U.S. district court judges. The
information in the data files covers criminal proceedings
from case filing through disposition and sentencing. Data are
available on criminal defendants in cases filed, pending, and
terminated.
Federal Justice Statistics 2009 Statistical Tables
Adjudication:
Tables 4.1, 4.2, 4.3, 4.4
Sentencing:
Tables 5.1, 5.2, 5.3, 5.4
United States Sentencing Commission (USSC) Monitoring Data
Base
Description of data files contents
Contains information on criminal defendants sentenced
pursuant to the provisions of the Sentencing Reform Act of
1984. Data files are limited to those defendants whose court
records have been obtained by the U.S. Sentencing Commission.
Federal Justice Statistics 2009 Statistical Tables
Adjudication:
Table 4.4 (defendant characteristics)
Sentencing:
Tables 5.3, 5.4 (defendant characteristics)
AOUSC: Court of Appeals
Description of data files contents
Contains information on criminal appeals filed and terminated
in U.S. Courts of Appeals. Records of appeals filed, pending,
or terminated include information on the nature of the
criminal appeal, the underlying offense, and the disposition
of the appeal.
Federal Justice Statistics 2009 Statistical Tables
Appeals:
Tables 6.1, 6.2, 6.3 (forthcoming
AOUSC Federal Probation and Supervision Information System
(FPSIS)
Description of data files contents
Contains information about supervision provided by probation
officers for persons placed on probation or supervised
release from prison. The files contain records of individuals
entering or currently on supervision, as well as records of
offenders terminating supervision.
Federal Justice Statistics 2009 Statistical Tables
Supervision:
Tables 7.1, 7.2, 7.3, 7.4, 7.5, 7.6, 7.7 7.8
Map 7.1
Federal Bureau of Prisons (BOP): Extract from
BOP's Sentry System
Description of data files contents
The data extracts contain information on all offenders
released from prison over a specific period of time plus
information about offenders in prison when the data extracts
are made. The information covers the time from offenders'
admission to prison until their release from the jurisdiction
of the Bureau of Prisons.
Federal Justice Statistics 2009 Statistical Tables
Corrections:
Tables 7.9, 7.10, 7.11, 7.12
Glossary
A -B -C - D - E - F - G- H -I -J - K -L -M -N - O- P -
Q - R - S - T -U - V- W - X - Y - Z
A
Acquittal--a legal judgment that determines a defendant is
free of a charge of an offense, by reasonable doubt, verdict,
sentence, or other legal process.
Administrative case closure--terminating or closing a
community supervision case for administrative reasons such as
an offender's long-term hospitalization, death, deportation,
incarceration in an unrelated case, or at the administrative
discretion of the Chief Probation Officer.
Affirmed--to assert (as a judgment or decree) as valid or
confirmed such as in the appellate courts, a decree or order
declared valid stands as rendered in the lower court.
Agriculture violations--violations of federal statutes
concerning agriculture and conservation. Federal statutes
related to agriculture include the Agricultural Acts (7
U.S.C., except sections on food stamps related to fraud),
Insecticide Act, Packers and Stockyards Act, 1921, laws
concerning plant quarantine and inspection, and laws that
protect animals used in research. Federal statutes related
to conservation include laws concerning soil and water
conservation and wildlife conservation.
Antitrust violations--offenses related to federal antitrust
statutes enacted by Congress that protect trade and commerce
from unlawful restraints, price fixing, monopolies, and
discrimination in pricing or in furnishing services or
facilities.
Appeal--a legal proceeding by which a case is brought before
a higher court for the review of a judgment or decision of a
lower court.
Appeals, U.S. Court of--intermediate appellate courts in the
United States federal court system that review the final
decisions of the district courts within their federal
judicial circuits, when challenged. U.S. courts of appeal are
higher than the U.S. district courts but lower than the U.S.
Supreme Court (or court of last resort). There are 13 U.S.
courts of appeal in the federal system, representing the 12
judicial circuits and the federal circuit.
Appellant--one who requests that a judicial decision or
decree be reviewed by a higher court or by another
jurisdiction; opposite of appellee.
Appellee--the party against whom an appeal is taken; opposite
of appellant.
Arson--willfully or maliciously setting, or attempting to
set, fire to any property within the special maritime and
territorial jurisdiction of the United States. See also,
explosives.
Assault--the threat of, attempt to, or the intentional
infliction of bodily harm against anyone within the special
maritime and territorial jurisdiction of the United States or
against any government official, foreign official, official
guest, internationally protected person, or any officer or
employee of the United States. Assault also includes certain
violations of the Fair Housing Act of 1968.
B
Bail--the temporary release of a defendant in exchange
for security or money promised for the defendant's due
appearance.
Booking--a procedure following an arrest in which
information about the arrest and the suspect are recorded.
Bribery--offering or promising anything of value with the
intent to influence a person unlawfully, especially a public
official in a position of trust. This type of bribery
generally applies to bank employees, officers or employees of
the federal government, witnesses, or any common carrier.
Bribery also includes soliciting or receiving anything of
value in consideration of aiding a person to obtain
employment with the federal government. Also, receiving or
soliciting any remuneration, directly or indirectly, in cash
or any kind in return for purchasing, ordering, leasing, or
recommending purchasing any good, service, or facility.
Burglary--breaking and entering into property with the
intent to steal within the special maritime and territorial
jurisdiction of the United States. Includes breaking and
entering into any official bank, credit union, savings and
loan institution, post office, vessel or steamboat assigned
to the use of mail service, or personal property of the
United States; or breaking the seal or lock of any carrier
facility containing interstate or foreign shipments of
freight.
C
Career offender--defendants are counted as career offenders
if they are age 18 or older at the time of the instant
offense, if the instant offense of conviction is a felony--
that is either a violent crime or a drug crime--and if they
have at least two prior felony convictions.
Case--With respect to tables describing federal prisoners,
a case is considered to be a judicial proceeding for the
determination of a controversy between parties wherein
rights are enforced or protected, or wrongs are prevented or
redressed, or any proceeding judicial in nature.
Civil rights violations--violations of civil liberties
guaranteed to United States citizens by the Constitution and
by acts of Congress. These include the 13th and 14th
amendments to the Constitution and the Civil Rights Acts
enacted after the Civil War, and more recently in 1957 and
1964.
Collateral bond--an agreement made as a condition of pretrial
release that requires the defendant to post property valued
at the full bail amount as an assurance of his or her
intention to appear at trial.
Communication violations--violations covering areas
of communication such as the Communications Act of
1934 (including wire-tapping and wire interception).
A communication is ordinarily considered a deliberate
interchange of thoughts or opinions between two or more
persons.
Community confinement--community confinement
may be imposed as a condition of probation or supervised
release. Community confinement means residence in a
community treatment center, halfway house, restitution
center, mental health facility, alcohol or drug
rehabilitation center, or other community facility; and
participation in gainful employment, employment search
efforts, community service, vocational training, treatment,
educational programs, or similar facility-approved programs
during nonresidential hours. Under the federal sentencing
guidelines, community confinement may be a substitute
for imprisonment on a day-to-day basis for defendants
with a guideline maximum of less than 16 months of
imprisonment.
Commutation of sentence--a change of legal penalty or
punishment to a lesser one such as having a federal criminal
sentence reduced by the executive clemency of the President
of the United States.
Complaint--a written statement of the essential facts
constituting the offense charged, with an offer to prove the
fact, so that a prosecution may be instituted. The complaint
may be taken out or filed by the victim, the police officer,
the district attorney, or other interested party.
Concurrent sentence--a sentence such as a prison term to
be served at the same time as another sentence or prison
term, rather than one after the other. One 3-year sentence
and one 5-year sentence, if served concurrently, result in
a maximum sentence of five years. See also, consecutive
sentence.
Conditional release--With respect to tables describing
federal prisoners, conditional release refers to a pretrial
defendant released from detention to the community
contingent upon any combination of restrictions deemed
necessary to guarantee the defendant's appearance at trial or
to safeguard the community.
Consecutive sentence--sentences or prison terms for two
or more offenses that follow one after the other. Two 3-year
sentences and one 5-year sentence, if served consecutively,
result in a maximum sentence of 11 years. See also,
concurrent sentence.
Conspiracy--an agreement by two or more persons to commit or
to effect the commission of an unlawful act or to use
unlawful means to accomplish an act that is not in itself
unlawful; also any overt act in furtherance of the agreement.
A person charged with conspiracy is classified under the
alleged substantive offense.
Continuing criminal enterprise--a felony committed as
part of a continuing series of violations, which is
undertaken by a person in concert with five or more other
persons with respect to whom such person occupies a position
of organizer, a supervisory position, or any other position
of management, and from which such person obtains
substantial income or resources.
Conviction--the final judgment (or verdict) in a criminal
trial, which finds the defendant guilty. A conviction
includes pleas of guilty and nolo contendere, and excludes
final judgments expunged by pardon, reversed, set aside, or
otherwise rendered invalid.
Corporate defendant--the defendant in a case is an entity,
a collection of persons, or a business or corporation, not an
individual person.
Corporate surety--With respect to tables describing federal
prisoners, a surety is one who has entered into a bond (or
an agreement) to give surety for another. As a condition of
pretrial release, the defendant enters into an agreement that
requires a third party such as a bail bondsman to promise to
pay the full bail amount in the event that the defendant
fails to appear in court. See also, surety bond.
Counterfeiting--falsely making, forging, or altering
obligations with a view to deceive or defraud, by passing the
copy or thing forged for that which is original or genuine.
Counterfeiting applies to any obligation or security of the
United States, foreign obligation or security, coin or bar
stamped at any mint in the United States, money order
issued by the United States Postal Service, domestic or
foreign stamp, or seal of any department or agency of the
United States. Includes passing, selling, attempting to pass
or sell, or bringing into the United States any of the above
falsely made articles. Also, making, selling, or possessing
any plates or stones (or any other thing or instrument)used
for printing counterfeit obligations or securities of the
United States, foreign obligations or securities, government
transportation requests, or postal stamp; or knowingly and
intentionally trafficking in falsified labels affixed to
phono records, motion pictures, or audio visual works.
Courts--judicial power is vested pursuant to Article III of
the Constitution in the following federal courts: The U.S.
Supreme Court, the U.S. Court of Appeals for the District of
Columbia, and the U.S. district court for the District of
Columbia. See also, Appeals U.S. Court of, and District
court, U.S.
Criminal career--the longitudinal sequence of crimes
committed by an individual offender.
Criminal history category--a quantification of the
defendant's prior criminal record and the defendant's
propensity to recidivate under the federal sentencing
guidelines. Guideline criminal history categories range from
Category I (primarily first-time offenders) to Category VI
(career offenders).
Custom laws--violations regarding taxes which are payable
upon goods and merchandise imported or exported. Includes the
duties, toll, tribute, or tariff payable upon merchandise
exported or imported.
D
Deadly or dangerous weapon--an instrument capable of
inflicting death or serious bodily injury.
Declination--a prosecutor's decision not to file a case in
a matter received for investigation. With respect to tables
describing federal prisoners, excluded are immediate
declinations where a prosecutor spent less than one hour on
the case.
Defendant--the party against whom relief or recovery is
sought in an action or suit, or the accused party in a
criminal case.
Departure--under the federal sentencing guidelines, the
term used to describe a sentence imposed that is outside the
applicable guideline sentencing range. A court may depart
when it finds an aggravating or mitigating circumstance of a
kind, or to a degree, not adequately taken into consideration
by the Sentencing Commission in formulating the guidelines
that should result in a sentence different from that
described. See also, substantial assistance.
Deportation or Treaty Transfer --the act of expelling a
foreigner from a country, usually to the country of origin
due to the commission of a crime or prior criminal record.
Deposit bond--an agreement made by a defendant as a condition
of pretrial release that requires the defendant to post a
fraction of the bail before he or she is released to the
community.
Detainer--a notification sent by a prosecutor, judge, or
other official, such as a law enforcement officer, advising
a prison official that a prisoner is wanted to answer for
criminal charges, and to request the prisoner's continued
detention or notification of the prisoner's impending
release.
Detention--the legally authorized confinement of persons
after arrest, whether before or during prosecution. With
respect to tables describing federal prisoners, only those
persons held two or more days are classified as detained.
Dismissal--termination of a case before trial or other
final judgment, including nolle prosequi and deferred
prosecution.
Disposition--the decision made on a case brought before a
criminal court.
District court, U.S.--trial courts with general federal
jurisdiction over cases involving federal laws or offenses
and actions between citizens of different states.
District of Columbia--the jurisdiction of the U.S. district
court for the District of Columbia. With respect to tables
describing federal prisoners, this jurisdiction includes
federal offenses prosecuted in U.S. district courts and,
except for tables based on data from the Federal Bureau of
Prisons, excludes violations of the District of Columbia Code
and cases prosecuted in the District of Columbia Superior
Court.
Drug distribution--delivery (other than by administering
or dispensing) of a controlled substance. The term
"controlled substance" means any drug or other substance,
or immediate precursor, included in schedule I, II, III, IV,
or V of part B of subchapter I of Chapter 13 (Drug Abuse,
Prevention, and Control), Title 21 (Food and Drugs). The
term does not include distilled spirits, wine, malt
beverages, or tobacco, as those terms are defined or used in
subtitle E of the Internal Revenue Code of 1986.
Drug offenses--offenses under federal or state laws
prohibiting the manufacture, import, export, distribution,
or dispensing of a controlled or counterfeit substance, or
the possession of a controlled or counterfeit substance with
the intent to manufacture, import, export, distribute, or
dispense the substance. Drug offenses include using any
communication facilities that cause or facilitate a felony
under title 21, or furnishing fraudulent or false information
concerning prescriptions, as well as any other unspecified
drug-related offense. See also, distribution, possession, and
drug trafficking.
Drug trafficking--knowingly and intentionally importing
or exporting any controlled substance in schedule I, II, III,
IV, or V (as defined by 21 U.S.C. 812). Drug trafficking
includes manufacturing, distributing, dispensing, selling,
or possessing with the intent to manufacture, distribute, or
sell a controlled substance or a counterfeit substance. It
also includes exporting any controlled substance in schedules
I through V, and the manufacture or distribution of a
controlled substance in schedule I or II, for the purposes
of unlawful importation. Also includes the making or
distributing of any punch, die, plate, stone, or any other
thing designed to reproduce the label upon any drug or
container, or removing or obliterating the label or symbol
of any drug or container. Knowingly opening, maintaining,
or managing any place for manufacturing, distributing, or
using any controlled substance are also included in drug
trafficking.
Dual and Successive Prosecution Policy (Petite Policy) -
Prosecutorial guidelines used to determine whether to bring
a federal prosecution based substantially on a defendant's
repetition of the same act(s) or transactions involved in a
prior state or federal proceeding for a defendant.
E
Embezzlement--the fraudulent appropriation of property
by a person to whom such property has been lawfully
entrusted. Includes offenses committed by bank officers or
employees, officers or employees of the United States Postal
Service, officers of lending, credit, or insurance
institutions, and any officer or employee of a corporation or
association engaged in commerce as a common carrier. The
fraudulent appropriations of property by court officers of
the U.S. courts and officers or employees of the United
States are also included. Stealing from employment and
training funds, stealing from programs receiving federal
funds and Indian tribal organizations, and selling,
conveying, or disposing of any money, property, records, or
thing of value to the United States or any department thereof
without authority are also included in embezzlement.
Environmental offenses--violations of federal law enacted
to protect the environment, such as the Clean Air Act and
the Clean Water Act. Environmental protection laws protect
the safety and well-being of communities from excessive and
unnecessary emission of environmental pollutants.
Escape--departing or attempting to depart from the custody
of a correctional institution; a judicial, correctional, or
law enforcement officer; or a hospital where one is committed
for drug abuse or drug dependency treatment. Knowingly
advising, aiding, assisting, or procuring the escape or
attempted escape of any person from a correctional facility,
an officer, or the above-mentioned hospital as well as
concealing an escapee. Providing or attempting to provide to
an inmate in prison a prohibited object; or making,
possessing, obtaining, or attempting to make or obtain a
prohibited object. Instigating, assisting, attempting to
cause, or causing any mutiny or riot at any federal penal,
detention, or correctional facility, or conveying into any of
these institutions any dangerous instrumentalities are also
included.
Exclusion--the rule of evidence that disallows evidence
secured by illegal means and in bad faith to be introduced in
a criminal trial.
Expiration of sentence--the completion of a prison
sentence by standard means. See releases from prison.
Explosives--violations of federal law involving the
importation, manufacture, distribution, and storage of
explosive material. Includes the unlawful receipt, possession
or transportation of explosives without a license, where
prohibited by law, or using explosives during the commission
of a felony. Also includes violations relating to dealing in
stolen explosives, using mail or other form of communication
to threaten an individual with explosives, and possessing
explosive materials at an airport. See also, arson.
F
Failure to appear--willful absence from any court
appointment.
Felony--a crime which involves a potential punishment of
1 year or longer in prison or a crime punishable by death.
According to 18 U.S.C. 3559, felonies are classified based
on the maximum imprisonment term authorized by the
law describing the offense. The five felony classes A, B, C,
D, and E include life imprisonment or if the maximum
penalty is death (Class A felony), if the maximum penalty is
25 years or more (Class B felony), if the maximum penalty
is less than 25 years but more than 10 years (Class C
felony), if the maximum penalty is less than 10 years but
more than 5 years (Class D felony), and if the maximum
penalty is less than 5 years but more than 1 year (Class E
felony).
Filing--the initiation of a criminal case in U.S. district
court by formal submission to the court of a charging
document alleging that one or more named persons have
committed one or more specified offenses.
Financial conditions--monetary conditions upon which the
release of a defendant before trial are contingent, including
deposit bond, surety bond, and collateral bond. See also the
specific definitions for these bond types.
Fine--a monetary penalty imposed as punishment for an
offense.
First release--With respect to federal prisoners, first
release refers to prisoners released from the Federal Bureau
of Prisons for the first time after their commitment by a
U.S. district court, and excludes offenders returned to
prison after their first release to supervision.
Food and drug violations--violations of the Federal Food,
Drug, and Cosmetic Act, including regulations for clean and
sanitary movement of animals, adulteration or misbranding
of any food or drug, failure to transmit information about
prescription drugs, and intent to defraud and distribute
adulterated material.
Forgery--falsely making or materially altering a document
with the intent to defraud. Forgery includes the intent to
pass-off as genuine falsified documents such as a United
States Postal Service money order, postmarking stamp or
impression, obligation or security of the United States, a
foreign obligation, security, or bank note. Also included are
a contractors' bond, bid, or public record; deed; power of
attorney; letters patent; seal of a court or any department
or agency of the United States government; the signature
of a judge or court officer; ships' papers; documents on
entry of vessels; customs matters; or coin or bar. Forgery
also includes making, possessing, selling, or printing plates
or stones for counterfeiting obligations or securities, and
detaching, altering, or defacing any official, device, mark,
or certificate.
Fraud--unlawfully depriving a person of his or her property
or legal rights through intentional misrepresentation
of fact or deceit, other than forgery or counterfeiting.
Fraud includes violations of statutes pertaining to lending
and credit institutions, the United States Postal Service,
interstate wire, radio, television, computer, credit card,
veteran's benefits, allotments, bankruptcy, marketing
agreements, commodity credit, the Securities and Exchange
Commission, railroad retirement, unemployment, Social
Security, food stamps, false personation, citizenship,
passports, conspiracy, and claims and statements. Excludes
fraud involving tax violations included in a separate
category under public-order, other offenses. See also,
specific offenses in this glossary for citations.
Fraudulent property offenses--see property offenses,
fraudulent.
Fugitive--a person convicted or accused of a crime that
hides from law enforcement or flees across jurisdictional
lines to avoid arrest or punishment.
Fugitive investigation--initiated upon receipt of a
warrant and typically involves persons who have violated
their conditions of probation, parole, or bond release, as
well as escaped prisoners. The U.S. Marshals Service has
administrative responsibility for all investigations
involving federal fugitives.
G
Gambling offense--the federal offense of transporting,
manufacturing, selling, possessing, or using any gambling
device in the District of Columbia or any possession of
the United States or within Indian country or the special
maritime and territorial jurisdiction of the United States,
as defined in 18 U.S.C. 7. Federal gambling offenses
include transporting gambling devices within the jurisdiction
of the United States, except under the authority of the
Federal Trade Commission or under the authority of a state
law that provides an exemption from these provisions.
Offenses also include transmitting wagering information on
interstate or foreign commerce, interstate transporting of
wagering paraphernalia, importing or transporting lottery
tickets, or mailing lottery tickets or related matter.
Good-time credit--time credited based on a prisoner's
good behavior while imprisoned that is applied toward
the prisoner's early release. Under the 1984 Sentencing
Reform Act, two classes of prisoners are ineligible to
receive good-time credits: (1) misdemeanants serving a term
of imprisonment of 1 year or less; and (2) felons serving
life sentences. All other federal prisoners receive a flat
allocation of 54 days per year of sentence served; credit for
a partial year remaining at the end of the sentence is
prorated. The annual allotment does not change based on the
length of time a federal prisoner has already spent in
prison.
Guideline sentencing range--the range of imprisonment
length for a prisoner sentenced to a federal institution
based on the federal sentencing guideline for the particular
level of offense committed, and the offender's criminal
history. The federal sentencing guideline incorporates any
minimum terms of imprisonment required by statute as well
as the statutory maximum term of imprisonment, where
applicable.
Guilty plea--a plea in response to formal charges admitting
that the defendant committed the offenses as charged. With
respect to tables describing federal prisoners, a guilty plea
also includes pleas of nolo contendere.
H
Hispanic -ethnic category based on classification by the
reporting agency. Hispanic persons may be of any race.
Home detention -a form of confinement and supervision
used as a substitute either for imprisonment or as a
condition of probation. Except for authorized absences,
home detention is a measure in which a person is confined
by authorities to his or her place of residence, and
restriction is enforced by appropriate means of surveillance
by the probation office. Under the federal sentencing
guidelines, home detention may be a substitute for
imprisonment on a day-to-day basis for defendants with a
guideline maximum sentence of less than 16 months of
imprisonment.
Homicides--see murder.
I
Immigration offenses--offenses involving illegal entry into
the United States, illegally reentering the United States
after deportation, willfully failing to deport when so
ordered, willfully remaining beyond days allowed on
conditional permit, or falsely representing oneself to be a
United States citizen. Immigration offenses include
violations relating to provisions for special agricultural
workers and to provisions relating to limitations on
immigrant status such as employment. Also includes bringing
in or harboring any aliens not duly admitted by an
immigration officer.
Incarceration--any sentence of confinement, including prison,
jail, or other residential placements.
Indeterminate sentence--a prison sentence with a maximum or
minimum term that was not specifically established at the
time of sentencing.
Indictment--the formal accusation issued by a grand jury,
stating that the defendant is charged with allegedly
committing a particular crime. In the federal system, a
defendant may waive indictment and be proceeded against
through an information.
Information--the formal accusation issued by the United
States attorney (instead of a grand jury) stating that the
defendant is charged with allegedly committing a particular
crime.
Infraction--an offense for which the maximum term of
imprisonment is 5 days or less, or an offense for which no
imprisonment is authorized, according to 18 U.S.C. 3559.
Initial appearance or hearing--a criminal defendant's first
appearance before a judge or a magistrate.
Instant offense--the offense of conviction and all relevant
conduct under U.S.S.G 1B1.3.
Intermittent confinement--a form of commitment, in a prison
or jail, either as a substitute for imprisonment or as a
condition of probation. Under the federal sentencing
guidelines, intermittent confinement may be a substitute for
imprisonment for defendants with a guideline maximum of less
than 16 months of imprisonment. Each 24 hours of intermittent
confinement is credited as one day of incarceration.
J
Jail credit--the number of days deducted from an offender's
sentence for time spent in custody before a prison sentence
was imposed.
Jurisdictional offenses--offenses considered to be federal
crimes because of the place in which they occurred, such as
on an aircraft or on federal land or property. Jurisdictional
offences include certain crimes on Indian reservations or at
sea, that cannot be classified in a more specific substantive
category.
Juvenile--a person who has not attained the age of 18 years;
or for the purposes of a juvenile delinquency hearing, a
person who has not attained the age of 21 years.
Juvenile delinquency--a violation of federal law committed
by a person prior to the age of 18 years, which would have
been a federal offense had the same crime been committed
by an adult.
K
Kidnapping--unlawfully seizing any person as defined in
18 U.S.C. 1201 for ransom or reward, except in the case of
a minor seized by a parent. Includes receiving, possessing,
or disposing of any money or other property delivered as
ransom or as a reward in connection with a kidnapping as well
as conspiring to kidnap any person, including any government
official, the President of the United States, the
President-elect, the Vice President, any foreign official,
any official guest, or any internationally protected person.
L
Labor law violations--violations of federal laws governing
a broad spectrum of activities relating to labor-management
relations such as the Fair Labor Standards Act of 1938 and
the Taft-Hartley Act.
Larceny--the act of taking and carrying away any personal
property of another with the intent to steal or convert it to
one's own use or gain. Larceny includes stealing, possessing
or illegally selling or disposing of anything of value to the
United States or any of its departments or agencies; or
stealing from a bank, the United States Postal Service, or
any interstate or foreign shipments by carrier. Also
encompasses receiving or possessing stolen property or pirate
property; and stealing or obtaining by fraud any funds or
assets, or that belong to, or are entrusted to, the custody
of an Indian tribal organization. Larceny excludes
transporting stolen property.
Liquor violations--violations of the Internal Revenue
Service laws on liquor, as well as violations of liquor laws
not cited under these laws. Liquor violations include
dispensing or unlawfully possessing intoxicants in Indian
country, transporting intoxicating liquors into any state,
territory, district, or possession where sale is prohibited,
shipping packages containing unmarked and unlabeled
intoxicants, and shipping liquor by collect-on-delivery
method (C.O.D.). Violations also include knowingly delivering
a liquor shipment to someone other than to whom it has been
consigned, and violating in any way the Federal Alcohol
Administration Act.
M
Magistrates (U.S.) (Federal)--judicial officers appointed
by judges of federal district courts who have many but not
all of the powers of a judge. Magistrates are designated to
hear a wide variety of motions and other pretrial matters in
both criminal and civil cases. With consent of the parties,
magistrates may conduct civil or misdemeanor criminal
trials. Magistrates may not preside over felony trials or
over jury selection in felony cases.
Mailing or transportation of obscene materials--a
violation of federal law relating to knowingly using the
mail for mailing obscene or crime-inciting matter, as
defined in 18 U.S.C. 1461 and 39 U.S.C. 3001(e). Also
includes transporting for sale or distribution, importing,
or transporting any obscene matter in interstate or foreign
commerce.
Major offense while on conditional release--allegation,
arrest, or conviction of a crime for which the minimum
sentence is incarceration for more than 90 days or probation
for a period greater than 1 year.
Mandatory release--the release of an inmate from prison
after confinement for a period equal to the inmate's full
sentence minus any statutory good time. Federal prisoners
exiting prison on mandatory release may still be subject to a
period of post-release community supervision.
Mandatory sentence--a sentence that includes a minimum
term of imprisonment that the sentencing court is statutorily
required to impose barring the government's motion of
substantial assistance.
Mandatory sentencing enhancement--a form of mandatory
sentence in which the minimum term of imprisonment is to
be imposed consecutive to any other term of imprisonment
imposed. Mandatory sentencing enhancements include
18 U.S.C. 924 , which provides for a 5-year to lifetime
enhancement for the use of a firearm during the commission
of a crime and 18 U.S.C. 844(h), which provides for a
5-year enhancement for the use of firearms or explosives
during the commission of a crime. Also included is 18 U.S.C.
929, which provides for a 5-year enhancement for the use
of armor-piercing ammunition during the commission of a
crime.
Material witness--a person with significant information
about the subject matter of a criminal prosecution necessary
to resolve the matter.
Matter--With respect to tables describing federal prisoners,
matter refers to a potential case under review by a U.S.
attorney and on which more than 1 hour is spent.
Matters concluded--With respect to tables describing federal
prisoners, matters concluded refers to matters in which a
U.S. attorney has reached a final decision. Specifically
includes matters filed as cases, matters declined after
investigation, matters referred for disposition by U.S.
magistrates, and matters otherwise terminated without
reaching court.
Migratory birds offenses--violations of acts relating to
birds, which move from one place to another in season.
Includes taking, killing, or possessing migratory birds, or
any part, nest, or egg thereof, in violation of federal
regulations or the transportation laws of the state,
territory, or district from which the bird was taken. Also
included is the misuse or non-use of a migratory-bird hunting
and conservation stamp.
Minor offense while on conditional release--conviction of a
crime for which the maximum sentence is incarceration for 90
days or less, probation for 1 year or less, or a fine of $500
or less.
Misdemeanor--a criminal offense punishable by a jail term
not to exceed 1 year and any offense specifically defined as
a misdemeanor by the Administrative Office of the U.S. Courts
for the purposes of data collection. According to 18 U.S.C.
3559, misdemeanors are classified in three letter grades A,
B, and C based on the maximum terms of imprisonment.
Class A denotes an imprisonment term of one year or less,
but more than six months; Class B denotes an imprisonment
term of six months or less, but more than 30 days; and Class
C denotes an imprisonment term of 30 days or less, but more
than five days. Misdemeanor includes offenses previously
called minor offenses that were reclassified under the
Federal Magistrate Act of 1979.
Mistrial--the termination of a trial before its normal
conclusion because of a procedural error; statements by
a witness, judge, or attorney which prejudice a jury; a
deadlock by a jury without reaching a verdict after lengthy
deliberation (or a hung jury); or the failure to complete a
trial within the time set by the court.
Mixed sentence-- sentence requiring the convicted offender to
serve a term of imprisonment, followed by a term of
probation.
Most serious offense--the offense charged that has the
greatest potential sentence; or with respect to tables
describing federal prisoners, the offense with the greatest
imposed sentence.
Motor carrier violations--violations of the federal statutes
relating to the Motor Carrier Act, which regulates the routes
and rates of freight motor carriers and passenger motor
carriers in interstate commerce. The Interstate Commerce
Commission administers the Motor Carrier Act.
Motor vehicle theft--interstate or foreign transporting,
receiving, concealing, storing, bartering, selling, or
disposing of any stolen motor vehicle or aircraft.
December 2011
Murder--the unlawful killing of a human being with malice
aforethought that was either expressed or implied. This
offense covers committing or attempting to commit murder
(first or second degree) or voluntary manslaughter within
the special maritime and territorial jurisdiction of the
United States Includes killing or attempting to kill any
government official, the President of the United States, the
President elect, the Vice President, any officers and
employees of the United States, any foreign officials, any
official guests, or any internationally protected persons. As
applied to the owner or charterer of any steamboat or vessel,
knowingly and willfully causing or allowing fraud, neglect,
misconduct, or violation of any law resulting in loss of
life. Nonnegligent manslaughter is the unlawful killing of a
human being without malice.
N
National defense violations--violations of national defense
laws under the Military Selective Service Act, the Defense
Production Act of 1950, the Economic Stabilization Act
of 1970, which includes prices, rents, and wages, and the
Subversive Activities Control Act. Included are violations
relating to alien registration and treason, including
espionage, sabotage, sedition, and the Smith Act of 1940.
Also includes violations relating to energy facilities,
curfew and restricted areas, exportation of war materials,
trading with an enemy, illegal use of uniform, and any other
violations of federal statutes concerning national defense.
Negligent manslaughter--causing the death of a person within
the special maritime and territorial jurisdiction of the
United States, by wanton or reckless disregard for human
life. Also negligent manslaughter of any government official,
the President of the United States, the President elect, the
Vice President, any officers and employees of the United
States, any foreign officials, any official guests, or any
internationally protected persons. This offense category also
includes misconduct, negligence, or inattention to duties by
ship officers on a steamboat or vessel resulting in death to
any person.
New law--with respect to tables describing federal
prisoners, new law refers to federal defendants convicted and
sentenced pursuant to the Sentencing Reform Act of 1984.
See also, old law.
Nolle prosequi--Latin for "we shall no longer prosecute."
The statement is an admission by the prosecutor that the
charges cannot be proved or that evidence has demonstrated
the defendant's innocence.
Nolo contendere--Latin for "I do not wish to contend." A
defendant's plea in a criminal case indicating that he or she
will not contest the charges, but not admitting or denying
guilt. Nolo contendere is also referred to as a plea of "no
contest."
Non-citizen--a person who is without United States
citizenship, including legal aliens--resident aliens,
tourists, and refugees/asylees--and illegal aliens.
Non-jury trial--a trial in which the judge alone decides
factual as well as legal questions, and makes the final
judgment.
Nonnegligent manslaughter--see murder.
Nonviolent sex offenses--coercing, or enticing an individual
(including minors) in the District of Columbia, or in any
territory or possession of the United States, with the intent
and purpose of engaging in prostitution, or any sexual
activity for which any person can be charged with a criminal
offense. Also includes transporting an individual (including
minors) from one place to another in interstate or foreign
commerce with the intent and purpose of engaging in
prostitution, or any sexual activity for which any person
can be charged with a criminal offense.
Not convicted--an acquittal or setting free by bench or jury
trial, mistrial, or dismissal, including nolle prosequi and
deferred prosecution.
Not guilty--plea entered by the accused to a criminal
charge. If the defendant refuses to plead, the court will
enter a plea of not guilty. A verdict of "not guilty" in a
criminal trial means that a defendant was acquitted of the
charges against him or her by the court.
O
Offense--a violation of United States criminal law. Where
more than one offense is charged, the offense with the
greatest potential penalty is reported.
Offense level--under the federal sentencing guidelines, an
offense level is a quantification of the relative seriousness
of the offense of conviction and any offense-specific
aggravating or mitigating factors. Guideline offense levels
range from level 1 (the least serious offense) to level 43
(the most serious offense).
Old law--With respect to tables describing federal
prisoners, old law refers to defendants convicted and
sentenced pursuant to laws applicable before the Sentencing
Reform Act of 1984. See also, new law.
P
Parole--a period of supervision after a prisoner is released
from custody and before the end of the federal sentence
is imposed. The U.S. Parole Commission is empowered to
grant, modify, or revoke the parole of all federal offenders.
Pursuant to the Sentencing Reform Act of 1984, parole was
abolished and defendants are required to serve the imposed
sentence (less 54 days per year good-time for sentences
greater than 1 year, but not life imprisonment), followed by
a term of supervised release. Because of the number of
federal inmates sentenced under pre-Sentencing Reform
provisions, the number of offenders on parole is declining.
Perjury--a false material declaration under oath in any
proceeding before or ancillary to any court or grand jury
of the United States. Includes knowingly or willfully giving
false evidence or swearing to false statements under oath or
by any means procuring or instigating any person to commit
perjury. This offense also includes any officers or employees
of the government listed under 13 U.S.C. 21-25 who
willfully or knowingly furnish, or cause to be furnished, any
false information or statements.
Personal recognizance--a pretrial release condition in
which the defendant promises to appear at trial and no
financial conditions are imposed.
Petty offense--a Class B misdemeanor, a Class C misdemeanor,
or an infraction with fines as specified in 18 U.S.C.
3571. See also, misdemeanor and infraction.
Plea-bargain--a practice whereby a defendant in a criminal
proceeding agrees to plead guilty to a charge in exchange
for the prosecution's cooperation in securing a more lenient
sentence or some other mitigation.
Pornographic--that which is of, or pertaining to, obscene
or licentious literature. Material is pornographic or obscene
if the average person, applying contemporary community
standards, would find that the work taken as a whole
appeals to the prurient interest; and if it depicts in a
patently offensive way sexual conduct; and if the work taken
as a whole lacks serious literary, artistic, political, or
scientific value.
Possession--an offense involving the possession of a
controlled substance, acquiring a controlled substance by
misrepresentation or fraud, attempting or conspiring to
possess, or simple possession of a controlled substance
in schedules I through V, as defined by 21 U.S.C. 812.
Includes possession of a controlled substance in schedule
I or II, or a narcotic drug in schedule III or IV onboard
a United States vessel or vessels within custom waters
of the United States, or by any United States citizen on
board a vessel. In addition, possessing any punch, die,
plate, stone, or any other thing designed to reproduce the
label upon any drug or container is an offense under this
category. Distributing a small amount of marijuana for no
remuneration is treated as simple possession and is included
in this offense category.
Postal laws--offenses relating to the mail; pertaining to the
United States Postal Service.
Pre-sentence Investigation Report (PSI) (Federal)-- after
conviction and before sentencing, a federal probation officer
conducts an investigation mandated by law unless the court
finds that there is information in the record sufficient to
enable the meaningful exercise of sentencing authority
pursuant to 18 U.S.C. 3553, and the court explains this
finding on the record. The PSI is intended to help the
sentencing judges and others in the criminal justice system
to evaluate the offender by providing a comprehensive
background on the offender, which includes a summary
of the current offense, prior criminal record, personal and
family data, evaluation, and sentencing recommendations.
Presentment --an accusation initiated by the grand jury that
is in effect, an instruction that an indictment be drawn.
Pretrial diversion--an agreement to defer (and possibly
drop) prosecution conditioned on the defendant's good
behavior and/or participation in programs, such as job
training, counseling, or education, during a stated period.
Pretrial release--a defendant's release from custody to the
community, for all or part of the time, before trial or
during prosecution. The defendant may be released on personal
recognizance, unsecured bond or under financial conditions.
Pretrial release includes defendants released within 2 days
after arrest and defendants who were released after posting
bail or having release conditions changed at a subsequent
hearing.
Pretrial revocation--the decision to detain a defendant for
violating conditions of pretrial release or for committing a
new crime while in a pretrial release status.
Preventive detention--the detention of a defendant awaiting
trial for the purpose of preventing further misconduct.
Probation--sentence imposed for commission of a crime
whereby the convicted criminal offender is released into the
community under the supervision of a probation officer in
lieu of incarceration. An act of clemency available only to
those found eligible by the court, probation offers a chance
for reform and rehabilitation for the defendant. For this
purpose, the defendant must agree to specified standards of
conduct; violation of such standards subjects the offender's
liberty to revocation.
Procedural termination--a judgment based on the methods and
mechanics of the legal process, including all the rules and
laws governing that process. Procedural law is distinguished
from substantive law, which involves the statutes and legal
precedents upon which cases are tried and judgments made. See
also, administrative case closure and terminated on the
merits.
Property offenses, fraudulent--property offenses that
involve elements of deceit or intentional misrepresentation.
These offenses specifically include embezzlement, fraud
(excluding tax fraud), forgery, and counterfeiting.
Property offenses, non-fraudulent--violent offenses against
property, including burglary, larceny, motor vehicle theft,
arson, transportation of stolen property, and other property
offenses, such as the destruction of property and
trespassing. These offenses are termed non-fraudulent to
distinguish them from the category of property offenses,
fraudulent, within the glossary.
Property offenses, other--offenses that involve the
destruction of property moving in interstate or foreign
commerce and in the possession of a common or contract
carrier. Also includes the malicious destruction of
government property, or injury to United States postal
property such as to mailboxes or mailbags. Trespassing on
timber and government lands is also included in this offense
category.
Public-order offenses, non-regulatory--offenses
concerning weapons; immigration; tax law violations
(tax fraud); bribery; perjury; national defense; escape;
racketeering and extortion; gambling; liquor; mailing or
transporting of obscene materials; traffic; migratory birds;
conspiracy, aiding and abetting, and jurisdictional offenses;
and other public-order offenses. These offenses are termed
non-regulatory to distinguish them from the category
public-order offenses, regulatory within this glossary.
Public-order offenses, other--violations of laws pertaining
to bigamy, disorderly conduct on the United States Capitol
grounds, civil disorder, and travel to incite to riot. Also
included in public-order offenses, non-regulatory.
Public-order offenses, regulatory--violations of regulatory
laws and regulations in agriculture, antitrust, labor law,
food and drug, motor carrier, and other regulatory offenses
that are not specifically listed in the category public-order
offenses, non-regulatory.
R
Racketeering and extortion--racketeering is demanding,
soliciting, or receiving anything of value from the owner,
proprietor or other person having a financial interest in a
business, by means of a threat or promise, either expressed
or implied. Extortion is the obtaining of money or property
from another without the person's consent and induced
by the wrongful use of force or fear. This offense code
covers using interstate or foreign commerce or any facility
in interstate or foreign commerce to aid racketeering
enterprises such as arson, bribery, gambling, liquor,
narcotics, prostitution, and extortionate credit
transactions. Also included are: obtaining property or money
from another (with the person's consent and induced by actual
or threatened force, violence, blackmail) or committing
unlawful interference with the person's employment or
business. Racketeering and extortion includes transmitting
by interstate commerce or through the mail any threat to
injure the property, the person, or the reputation of the
addressee or of another; or kidnapping any person with intent
to extort. Applies to officers or employees of the United
States, or anyone representing him or herself as such.
Release - Extraordinary--unusual methods by which a
federal prisoner exits prison, such as death, commutation, or
a transfer to another facility.
Release - Standard--the usual way by which a federal prisoner
exits prison, including full-term sentence expirations,
expirations with good time, mandatory releases, and releases
to parole.
Remand--to send back; the act of an appellate court in
returning a case to a lower court for further action.
Remove--transfer from federal court (usually to a state
court).
Restitution--the action of restoring or giving back
something to its proper owner or making reparations to one
for loss or injury previously inflicted.
Reversal the act of an appellate court annulling a judgment
of a lower court because of an error.
Revocation--termination of a probation, parole, or a
mandatory release order because of a rule violation or a new
offense which forces the offender to begin or to continue
serving his or her sentence.
Robbery--taking anything of value from the person or
presence of another by force or by intimidation within
the special maritime and territorial jurisdiction of the
United States. Includes robbery of bank property, United
States postal property, or personal property of the United
States. Also included is assaulting or putting the life of
any person in jeopardy by the use of a dangerous weapon while
committing or attempting to commit such robbery.
Rule 20 transfer--upon petition by a defendant, a transfer
of proceedings to the district in which the defendant is
arrested, when the defendant is arrested, held, or present
in a district other than that in which an indictment or
information is pending against him. In this case, the
defendant may state in writing a wish to plead guilty or
nolo contendere, to waive trial in the district in which the
indictment or information is pending, and to consent to the
disposition of the case in the district in which the
defendant was arrested. See also, Federal Rules of Criminal
Procedure- Rule 20.
Rule 40 transfer--upon petition by the U.S. attorney,
commitment to another district; transfer proceedings of
a defendant arrested in a district for an alleged offense
60 Federal Justice Statistics, 2009 - Statistical Tables
committed in another district. See also, Federal Rules of
Criminal Procedure-Rule 40.
S
Sentence sanction imposed on a convicted offender. For
sentences to incarceration, the maximum time the offender
may be held in custody is reported. See also, split sentence,
mixed sentence, indeterminate sentence, and mandatory
sentence.
Sentencing Guidelines (Federal)--guidelines established
by the U.S. Sentencing Commission to be followed by the
federal courts in the sentencing of those convicted of
federal offenses. Established pursuant to the Sentencing
Reform Act of 1984, the sentencing guidelines prescribe a
range of sentences for each class of convicted persons as
determined by categories of offense behavior and offender
characteristics.
Sexual abuse--rape, assault with intent to commit rape, and
carnal knowledge of a female under age 16 who is not one's
wife, within the territorial and special maritime
jurisdictions of the United States. Also includes cases of
sexual abuse, including sexual abuse of a minor and cases of
sexual abuse in federal prisons.
Shock incarceration--an intense confinement program,
consisting of a highly regimented schedule that provides
the strict discipline, physical training, hard labor, drill,
and ceremony characteristic of military basic training.
Special maritime and territorial jurisdiction areas of
federal jurisdiction outside the jurisdiction of any state,
including (1) the high seas, Great Lakes, and connecting
waterways; (2) federal lands; and (3) United States -owned
aircraft in flight over the high seas.
Split sentence--See, mixed sentence.
Stale--a case or matter that is too old to support successful
prosecution.
Substantial assistance--a form of cooperation with the
government in which the defendant provides the government
with information, testimony, or other assistance relating to
the criminal activities of other persons in exchange for a
sentence reduction. Substantial assistance provides the only
mechanism for judges to impose a sentence below a mandatory
sentence applicable by the law that describes the offense.
Supervised release--under the Sentencing Reform Act of 1984,
a form of post-imprisonment supervision to be imposed by the
court as a part of the sentence of imprisonment at the time
of initial sentencing. Unlike parole, a term of supervised
release does not replace a portion of the sentence of
imprisonment, but rather is an order of supervision in
addition to any term of imprisonment imposed by the court
(compare also with probation).
Surety bond--an agreement by the defendant as a condition of
release that requires a third party (usually a bail bondsman)
to promise to pay the full bail amount in the event that the
defendant fails to appear in court.
Suspect--a person who is under investigation or interrogation
as a likely perpetrator of a specific criminal offense.
T
Tax law violations--federal tax fraud offenses include
violations of laws within the Internal Revenue Service Code
(26 U.S.C.). Included are income tax evasion and fraud,
counterfeiting any stamps with intent to defraud the
collection or payment of tax, willfully failing to collect or
pay tax, and failure to obey summons to produce any papers
concerning taxes. Also included are offenses such as failing
to furnish receipts for employees of tax withheld, failing to
furnish information relating to certain trusts, annuity, and
bond purchase plans, and putting fraudulent or false
statements on tax returns. Violations of excise and wagering
tax laws and not obtaining a license for a business that
makes a profit from foreign items are also included in this
offense category.
Technical violation--failure to comply with any of the
conditions of pretrial release, probation, or parole,
excluding alleged new criminal activity. Technical violations
may result in revocation of an offender's release status.
Conditions that may be imposed and then violated include
remaining within a specified jurisdiction or appearing at
specified intervals for drug tests.
Terminated on the merits--a judgment made after
consideration of the substantive as distinguished from
procedural issues in a case. See also, procedural
termination.
Termination--at the pretrial services stage: execution of
sentence, acquittal, dismissal, diversion, or fugitive
status; in the U.S. district court: conviction, acquittal, or
dismissal; and at probation or supervised release: the
removal of a person from supervision either for successful
completion of the term of supervision or as the result of a
revocation.
Threats against the President--knowingly and willfully
depositing in the mail, at any post office, or by any letter
carrier a letter, paper, writing, print, missive, or document
containing any threat to take the life of or to inflict
bodily harm upon the President, Vice President, or any other
officer in order of succession to the Presidency. Knowingly
and willfully making such threats in any way to the
above-named people is included in this offense.
Time served--the portion of a prisoner's imposed sentence
spent in prison (from arrival into jurisdiction of the
Federal December 2011 61 Bureau of Prisons until release from
prison) plus any jail time served and credited. For prisoners
serving concurrent sentences, time served may exceed the
longest single sentence imposed.
Traffic offenses--driving while intoxicated, or any moving
or parking violations on federal lands.
Transportation violations--violations of the federal statutes
relating to the Motor Carrier Act, which regulates the routes
and rates of freight motor carriers and passenger motor
carriers in interstate commerce.
Transportation of stolen property--transporting, selling,
or receiving stolen goods, stolen securities, stolen moneys,
stolen cattle, fraudulent state tax stamps, or articles used
in counterfeiting, if the above articles or goods involve or
constitute interstate or foreign commerce.
Trial conviction--conviction by judge or jury after trial.
True bill an indictment.
U
United States--includes the territory occupied by the
50 States and the District of Columbia, and the outlying
territories of Guam, Puerto Rico, Northern Marianas
Islands, and the U.S. Virgin Islands.
U.S. attorneys--all United States attorneys. Prosecutorial
data with respect to tables describing federal prisoners are
drawn from the Central System and Central Charge Files of
the Executive Office for U.S. Attorneys.
Unsecured bond--an agreement by the defendant as a condition
of pretrial release in which the defendant agrees to pay full
bond amount in the event of nonappearance at trial, but is
not required to post security as a condition to release.
V
Violation of pretrial release, probation, or parole--
allegation of a new crime or a technical violation while on
pretrial release, probation, or parole.
Violent offenses--threatening, attempting, or actually using
physical force against a person. Includes murder, negligent
manslaughter, assault, robbery, sexual abuse, kidnapping,
and threats against the President. See also, specific
offenses for citations.
W
Warrant--an order (writ) of a court that directs a law
enforcement officer to arrest and bring a person before the
judge, such as persons charged with a crime, escaped federal
prisoners, or probation, parole, or bond default violators.
Warrant clearance or execution refers to the closing of a
fugitive investigation. Warrants can be cleared or executed
in many ways, including the arrest or surrender of a
fugitive, dismissal by the court, and lodging a detainer
against a fugitive in custody. See also, detainer.
Warrant initiation--refers to the opening of a fugitive
investigation upon receipt of a warrant.
Weapons violations--violations of any provisions of 18
U.S.C. 922 (unlawful acts) and 923 (licensing) with
regard to the manufacturing, importing, possessing,
receiving, and licensing of firearms and ammunition.
Includes manufacturing, selling, possessing, or transporting
any switchblade knife; or making, receiving, possessing,
or transporting a firearm not registered in the National
Firearms Registration Transfer Record within any territory
or possession of the United States, within Indian country, or
within the special maritime and territorial jurisdiction of
the United States. Also, engaging in importing,
manufacturing, or dealing in firearms if not registered with
the secretary in the Internal Revenue Service District in
which the business is conducted or not having paid a special
occupational tax. In addition, this code covers cases wherein
a crime of violence or drug trafficking enhanced punishment
is handed down when the crime was committed with a deadly
weapon.
Wildlife offenses--violations of federal law enacted to
protect endangered or threatened species, as well as
migratory birds. The Endangered Species Act (16 U.S.C.
Conservation) makes it unlawful for any person to take,
import, sell or ship endangered or threatened wildlife. Under
this code, the Migratory Bird Treaty Act protects migratory
birds, and the Lacey Act prohibits the trade of illegally
taken fish and wildlife.
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Office of Justice Programs * Innovation * Partnerships *
Safer Neighborhoods * http://www.ojp.gov
The Bureau of Justice Statistics is the statistical agency of
the U.S. Department of Justice. James P. Lynch is director.
These statistical tables were prepared by the Urban Institute
under the supervision of Mark Motivans of the Bureau of
Justice Statistics. The tables were prepared under BJS grant
number 2005-BJ-CX-K004. Principal staff at the Urban
Institute were William Adams, Julie Samuels, Barbara
Parthasarathy, Kamala Mallik Kane, KeDeuk Kim, Jessica Kelly,
and SybilMendonca. Mark Motivans provided verification.
Jill Thomas and Catherine Bird edited the report, Barbara
Quinn produced the report, and Jayne Robinson prepared the
report for final printing under the supervision of Doris J.
James.
December 2011, NCJ 233464
The full text of each report is available in PDF and ASCII
formats on the BJS website at www.bjs.gov. Tables are also
available in PDF and CSV formats. Related datasets are made
available on the National Archive of Criminal Justice Data
website at http://www.icpsr.umich.edu/icpsrweb/
NACJD/index.jsp.
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12/14/2011/JER/11:41